AP Exclusive: Calif. 9/11 fund raided for deficits

In this April 21, 2012, photo, Candice Hoglan poses for a portrait with her vehicle with a license plate commemorating the events of Sept. 11, 2001, in Sunnyvale, Calif. Hoglan's nephew Mark Bingham was one of the passengers of United Airlines Flight 93, which was hijacked by terrorists on Sept. 11. After the 2001 terrorist attacks, California lawmakers sought a way to channel the patriotic fervor and use it to help victims' families and law enforcement. Their answer: specialty memorial license plates emblazoned with the words, “We Will Never Forget.” (AP Photo/Marcio Jose Sanchez)
— AP

In this April 21, 2012, photo, Candice Hoglan poses for a portrait with her vehicle with a license plate commemorating the events of Sept. 11, 2001, in Sunnyvale, Calif. Hoglan's nephew Mark Bingham was one of the passengers of United Airlines Flight 93, which was hijacked by terrorists on Sept. 11. After the 2001 terrorist attacks, California lawmakers sought a way to channel the patriotic fervor and use it to help victims' families and law enforcement. Their answer: specialty memorial license plates emblazoned with the words, “We Will Never Forget.” (AP Photo/Marcio Jose Sanchez)
/ AP

While the DMV description of the program was not "totally disingenuous," the department should probably remove references to the scholarship program, said Joe DeAnda, a spokesman for the state treasurer's office, which disburses the money.

"It's out of date and it's on DMV to update that," he said.

Late Friday, the department modified the description of the license plate on its website to remove the reference to the scholarship program in response to the investigation by the AP, which began in March. Spokeswoman Jan Mendoza said the reason promotional materials were not updated sooner was unknown.

The DMV still lists the scholarship program on the online and hardcopy form drivers fill out to buy the license plates, but Mendoza said the department will change this next time the forms are printed.

The legislation establishing the plates had earmarked 15 percent of the revenue for scholarships. Yet only $21,381 has reached the children and spouses of the three dozen California residents killed during the terrorist attacks. The state treasurer's office closed the scholarship program in 2005, the sign-up deadline for potential recipients, and has $60,000 in reserve.

The total amount dedicated to scholarships was 1.5 percent of the $5.5 million raised through the sale of the plates through 2005.

The original legislation said the remainder of the money would go to law enforcement, fire protection, and public health agencies to be used "exclusively for purposes directly related to fighting terrorism."

But in 2008, Schwarzenegger, a Republican, borrowed $2 million to close a budget gap. Last year, Brown, a Democrat, borrowed another $1 million.

Neither loan has been repaid nor are their deadlines to ensure they will be. Ashford, said the loans have done no harm and that the governor has no immediate plans to repay them.

"We're trying to simultaneously balance the budget and fund important programs," she said. "If there was an indication that borrowing this money was going to negatively impact this program, we wouldn't borrow the money."

The rest of the money has gone to a wide array of budgets and programs.

The Legislature sent $3.7 million to the California Department of Food and Agriculture, according to the Department of Finance, to establish an online food monitoring database and implement a variety of worker safety programs, including hiring industrial hygienists to tend to worker health.

But it is difficult to say precisely where the money has gone. Late Friday, the agriculture department delivered documents it said were in response to a California Public Records Act request the AP filed eight weeks earlier.

The response contained itemized budget reports going back six years and listing payments for all types of government functions, ranging from salaries and benefits, to printing costs and communication equipment. Among the details: $18,163 for furniture in 2006 and $11,492 for auto inspection in 2009.

The response also included a legislative report on the threats the agriculture department is targeting with an online database the license plate program helps fund. A similar report from 2006, when the license plate money was first authorized, lists bioterrorism as a potential danger. But the 2011 report focuses on food safety and livestock concerns, including foot-and-mouth disease and meat and poultry monitoring.